Meyer v. Board of Improvement of Paving District No. 3
Supreme Court of Arkansas
Appeal from Crawford Chan eery Court; J. V. Bour-land, Chancellor; 1. The petitioners were not estopped to attack the assessment. 2 Page & Jones on Taxation, p. 1696; 35 S. W. 726; 115 Ark. 88; 70 Id. 451; 117 Id. 98. ' The court erred in ruling’ that estoppel precluded signers of either petition in the-creation of the district from attacking the validity of either petition.
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Appeal from Crawford Chan eery Court; J. V. Bour-land, Chancellor; 1. The petitioners were not estopped to attack the assessment. 2 Page & Jones on Taxation, p. 1696; 35 S. W. 726; 115 Ark. 88; 70 Id. 451; 117 Id. 98. ' The court erred in ruling’ that estoppel precluded signers of either petition in the-creation of the district from attacking the validity of either petition. A petitioner must lie held to intend that the improvement will be constructed and assessments levied in a manner provided by law. . The court’s attitude in suggesting a motion to make more definite and certain was well…
1Opinion of the CourtSmith, J.
On September 9, 1919, an ordinance was passed by the council of the city of Van Burén creating Paving District No. 3 for the purpose of paving certain streets therein designated. On the same day the council passed an ordinance creating Curb and Gutter District No. 1, for the purpose of curbing, guttering, and draining the streets which were to be paved by Paving District No. 3.
Within the time limited by law J. L. Rea, J. H. Butler and H. P. Meyer, filed suits attacking the two districts on numerous grounds. About the same time M. L. G-arrett and W. J. Martin filed suits for the same purpose.…
2Cases cited10 opinions
- Doe ex dem. Phillips' Heirs v. PorterSupreme Court of Arkansas · 1840
- Rayder v. WarrickSupreme Court of Arkansas · 1918
- Harrell v. HillSupreme Court of Arkansas · 1857
- Scott v. Dunkel Box & Lumber Co.Supreme Court of Arkansas · 1912
- Paschal v. SwepstonSupreme Court of Arkansas · 1915
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3Cited by10 opinions
- Burton v. City of Fort SmithSupreme Court of Arkansas · 1949
- Mayor of Savannah v. KnightSupreme Court of Georgia · 1931
- Hughes v. YatesSupreme Court of Arkansas · 1958
- Kempner v. SandersSupreme Court of Arkansas · 1922
- Luther v. WalkerSupreme Court of Arkansas · 1927
5 more not listed; retrieve them via the Exa API.